Judge points to Supreme Court’s Chevron overruling in decision to unravel transgender healthcare regulations

In April, the Department of Health and Human Services released regulations that penalize healthcare providers for discriminating against those seeking care on the basis of gender identity or sexual orientation. HHS announced it would cut federal funding from health providers and insurers who refuse to provide gender-affirming care. The agency released its guidance on the basis of its new interpretation of Title IX to include gender identity and sexual orientation.

“HHS acted unreasonably when it relied on Bostock’s analysis in order to conflate the phrase ‘on the basis of sex’ with the phrase ‘on the basis of gender identity,’” the judge continued. In his ruling on Wednesday, Guirola noted that the Biden administration’s interpretation of “sex” differed from what the term meant at the time of the regulations’ passage.

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